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what is a reserved or handing down judgement?

  • upbeat
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20 Aug 12 #350605 by upbeat
Topic started by upbeat
Hi peeps, hope someone on here can help?
have been told that the probably outcome from this weeks first appointment/ final hearing will be a handing down order.please excuse wording typos as on strong medication to deal with a muscle problems have trouble walking without collapsing atm.

first question if i need asstance getting into court to help carry things and to pull out extremaly heavy chairs is that acceptable?

second have been told that the likely outcome may be a hading down order is this because the judge may make a reserved judgement under 40E? and the handing down is then the date when the order comes into effect to give time for appeal?

the thing is i beleive there are only certain reasons for appeal, preverse of justuce, judgement unfair to appealing party, non disclosure of documenmts which could be relevant?

if this is the case then than if Respondant hasnt complied with court orders and has not produced any documents, then 1. can they state that is is unfair? and 2. can they argue against non disclosure of documents that they havnt produced? and as for perverse of justice........

so question being would they have a chance in hell of it being heard by a circuit judge for an appeal? and would the judge order a handing down order in the first place?
the sort of monetry amounts in total assets that i know of on MH ect from my side are about £30k to be split.

I understand that the court have a duty to look at cost in relation to the case so can the DJ just not make an order that doesn''t prolong things, if respondant is already in contempt of court ect....
would appriciate any input xxx

  • TBagpuss
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21 Aug 12 #350947 by TBagpuss
Reply from TBagpuss
I am finding your post a little difficult to understand but:

A reserved judgmnt is one where the Judge wnts time to think about the judgment (and perhaps to write it up in detail) before giving it. You would be given a new date for the Judgemet and as you won''t have the order until then, time limits for appeals et c would not start until the judgment is given.

''handed down'' is just a legal term for giving a judgment.

If the Judge has said what order s/he will make but reserves her reasons it is a little bit more complication and in that cadse you could ask the Judge, immediately after the orer is made, whether the time for any appeal will run from the date of the order or the date of the judgments. Normally ,I would expect it to be from when the judgment is availble, as you are unlikely to have the informqtion to know whether the judge has made any factual or egal mistakes until you see the judgment, but you can check to be sure.

It is also possible, in some cases, to ask for permission to asppeal out of time, and if the delay wad becasue of a delay in getting the judgment I think it is likely that a court would be sympathetic, as the reson would not be due to any delay or fault on your part.

  • upbeat
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29 Aug 12 #352641 by upbeat
Reply from upbeat
thanks for the answer,
sorry its been a while getting back but as i explained have been in lot of pain with backproblems. The reason I asked the question is x has not produced any documents E form Ect and I was told if he didn''t tuen up then the judge would more than likely make a handed down judgement. X did turn up for the last first appointment. When x asked when should he should put the form E in judge said it would have been helpful three weeks ago! and it doesn''t matter if he does or doesn''t now as a decision will be made with or without it. So can the judge just make a final judgement?? and can the x appeal if no documents have been supplied by him?
many thanks

  • soulruler
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29 Aug 12 #352656 by soulruler
Reply from soulruler
I think I would say right now do not panic. Usually, in the administration of justice a judge is obliged to make a decision or Directions on the day.

The fact that the judge has not does not in fact prejudice your claim or rights or indeed any claim or right against you.

In fact I believe as it is a reserved judgment (bearing in mind that courts should always consider the distress caused by litiation in court) should at least be a balancing factor neither in favour or against you - only you and the courts can make a view based on evidence of what is right.

Under the circumstance I would phone the court help desk, explain the circumstance that a judge has made a reserved judgment (so it must be hard for them to decide on a course of adjudication). Explain that you are anxious and that you are suffering from stress and a disability and non disclosure from your stbx.

Ask for an idea of timing for a judgment and what you can do if a judgment is not forthcoming.

In divorce, the same as any other proceeding, we all need closure (horrible but true American expression).

Due diligence should pay as well as appreciation of what Judges are faced with in financial remedy on divorce.

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